Signed on blank white paper and cheque
Querist :
Anonymous
(Querist) 05 January 2012
This query is : Resolved
sir,my friend has given blank cheque and blank white paper with signed to one of his partner.they bounced the cheque and NI act 138 case was registered.on the white paper they wrote that two lack hand loan was taken and one witness and one writer signed on that paper(signed paper was used after six months).only cheque and blank white paper was signed by my friend(ALL THE CHEQUE COLUMS ARE WRITTEN BY COMPLAINENT ONLY).CASE WAS ON TRIAL STAGE. AT THIS STAGE WHAT CAN I DO?WHAT REMEDIES I HAVE?.PLS GIVE ME SOLUTION SIR.
Devajyoti Barman
(Expert) 05 January 2012
Now you have to prove that you did signed the blank paper and the cheque was not issued to discharge any debt.
Else the case is going to be proved against you.
Adv Ankit Gupta, 09812153530,
(Expert) 05 January 2012
Cheque must be issue for discharge of Legal liability. U must prove that wn u issue cheqe that was blank. And after this cheque wt u do other cheque after this. and in complaint he says u take money frm him that very day, frm where he get money?
M/s. Y-not legal services
(Expert) 05 January 2012
case in trial stage., dont worry.,
your advocate will take care your case.,
-tom-
Shonee Kapoor
(Expert) 05 January 2012
Rightly stated, you have to prove that no liability existed otherwise you would be the looser.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 05 January 2012
You have to prove there was no liability, and the paper was blank, misused by them .
it all depend on your advocate to cross and bring evidence in your favor. Age of ink on blank paper, it's penetration and colour be examined by experts, forensic & get report in your favor,, also get report of diff writing on cheque, with different colour ink, at different time, by different person.
get your bank a/c , series of cheque to prove it was more than 6 months old, and that you never transact such 2 lash amount, and your friend had no capacity, no purpose, no need to lend you cash money.
What about Notice? If not received, you win.
If Notice replied accordingly, it will support you.
If no transactions , Your friend cannot produce his bank a/c or source of Income, or any necessity, or the date of Writing, if you are out of station, it will work.
As stated, it all depend on your Advocate Now , how to defend you. .
Raj Kumar Makkad
(Expert) 06 January 2012
May I ask from you why did you handover signed blank cheque and blank paper duly signed?
Your answer shall be 'for use-if need arise so in future' and the same use is being made.
It is now a difficult job for you to discharge that the cheque is without having any legal liability or that the loan paper (prepared) do not belong to you.
If you succeeded in proving it then it shall be your win win situation otherwise there is legal presumption in favour of complainant.
Deepak Nair
(Expert) 06 January 2012
You have to prove that there was no liability and you have not taken any such loan.
Since the details in the cheques are filled up by the other person, you can take the defence of alteration of cheque by the complainant.
But, you will be asked to say why you had given them the blank signed paper and blank cheque. The reason for that is not mentioned by you in this query, so we cannot help you regarding that.
prabhakar singh
(Expert) 06 January 2012
I would like to know why at all the need arose before your friend to sign blank paper and to give blank signed cheque?????
If you have facts from your friend about history of his partnership then come back,else sleep.
